“Thought of him? Hay is a dullard, a blockhead, a respectable nonentity! no more fit to contend with Colonel Burr and those whom he will have about him, than would be a sucking babe. He is of no courage, no force, sir; he seems to think that, now he is the son-in-law of James Monroe, he has done quite enough to merit success in both law and politics. No; there is much depending on this trial, and I desire you to try it. Burr must be convicted. The black Federal plot to destroy this republic and set a monarchy in its stead, a plot of which he himself is but a single item, must be nipped in the bud. Moreover, you will find that I am to be on trial even more than is Colonel Burr. The case will not be ‘The People against Aaron Burr.’ but ‘The Federalists against Thomas Jefferson.’ Do you understand? I am the object of a Federal plot, as much as is the Government itself! John Marshall, that arch Federalist, will be on the bench, doing all he can for the plotters and their instrument, Colonel Burr. It is no time to risk myself on so slender a support as George Hay. It is you who must conduct this cause.”
Wirt is a bit scandalized by this outburst; especially at the reckless dragging in of Chief Justice Marshall. He expostulates; but is too much the courtier to let any harshness creep into either his manner or his speech.
“You surely do not mean to say,” he begins, “that the chief justice——”
“I mean to say,” interrupts Jefferson, “that you must be ready to meet every trick that Marshall can play against the Government. For all his black robe, is he of different clay than any other? Believe me, he’s a Federalist long before he’s a judge! Let me ask a question: Why did Marshall, the chief justice, mind you, hold the preliminary examination of Burr? Why, having held it, did he not commit him for treason? Why did he hold him only for a misdemeanor, and admit him to bail? Does not that look as though Marshall had taken possession of the case in Burr’s interest? You spoke a moment ago of the propriety of Hay prosecuting the charge against Burr, being, as he is, the Government’s attorney for that district. Does not it occur to you that his honor, Judge Griffin, is the judge for that district? And yet Marshall shoves him aside to make room on the bench for himself. Sir, there is chicanery in this. We must watch Marshall. A chief justice, indeed! A chief Federalist, rather! Why, he even so much lacked selfrespect as to become a guest at a dinner given in Colonel Burr’s honor, after he had committed that traitor in ten thousand dollars bail! An excellent, a dignified chief justice, truly!—doing dinner table honor to one whom he must presently try for a capital offense!”
“Justice Marshall’s appearance at the Burr dinner”—Wirt makes the admission doubtfully—“was not, I admit, in the very flower of good taste. None the less, I should infer honesty rather than baseness from such appearance. If he contemplated any wrong in Colonel Burr’s favor, he would have remained away. Coming to the case itself,” says Wirt, anxious to avoid further discussion of Judge Marshall, as a topic whereon he and Jefferson are not likely to agree, “what is the specific act of treason with which the Government charges Colonel Burr?”
“The conspiracy, wherein he was prime mover, aimed first to take Mexico from, the Spanish. Having taken Mexico, the plotters—Colonel Burr at the head—purposed seizing New Orleans. That would give them a hold in the vast region drained by the Mississippi. Everything west of the Alleghenies was expected to flock round their standards. With an empire reaching from Darien to the Great Lakes, from the Pacific to the Alleghenies, their final move was to be made upon Washington itself. Sir, the Federalists hate this republic—have always hated it! What they desire is a monarchy. They want a king, not a president, in the White House.”
“I learn,” observes Wirt—“I learn, since my arrival, that Colonel Burr has been in Washington.”
“That was three days ago. He demanded copies of my orders to General Wilkinson. When I prevented his obtaining them, he said he would move for a subpoena duces tecum, addressed to me personally. Think of that, sir! Can you conceive of greater impudence? He will sue out a subpoena against the President of this country, and compel him to come into court bringing the archives of Government!”
Wirt shrugs his shoulders. “And why not, sir?” he asks at last. “In the eye of the law a president is no more sacred than a pathmaster. A murder might be committed in the White House grounds. You, looking from that window, might chance to witness it—might, indeed, be the only witness. You yourself are a lawyer, Mr. President. You will not tell me that an innocent man, accused of murder, is to be denied your testimony?—that he is to hang rather than ruffle a presidential dignity? What is the difference between the case I’ve supposed and that against Colonel Burr? He is to be charged with treason, you say! Very well; treason is a hanging matter as much as murder.”
Jefferson and Wirt, step by step, go over the arrest of Aaron, and what led to it. It is settled that Wirt shall control for the prosecution. Also, when the Grand Jury is struck, he must see to it that Aaron is indicted for treason.